[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Rules and Regulations]
[Page 59205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29345]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 212 / Tuesday, November 3, 1998 /
Rules and Regulations
[[Page 59205]]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 723
RIN 0560-AF14
Special Combinations for Tobacco Allotments and Quotas
AGENCY: Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: This final rule adopts without change, an interim rule
concerning tobacco farm combinations, published on May 14, 1998, (63 FR
26713). Comments were requested from interested parties, but none were
received. The notice issued with the interim rule corrected a reference
contained in a final rule published on February 24, 1998, (63 FR 9126)
and by a regulation change, provided greater flexibility to tobacco
farmers for special farm combinations. The interim rule also made
certain clarifying changes to the regulations.
EFFECTIVE DATE: November 3, 1998.
FOR FURTHER INFORMATION CONTACT: Joe Lewis, Jr., Agricultural Program
Specialist, Tobacco Branch, Tobacco and Peanuts Division, USDA, FSA,
STOP 0514, 1400 Independence Avenue, SW, Washington, DC 20250-0514,
telephone 202-720-0795.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not significant and therefore
was not reviewed by OMB under Executive Order 12866.
Regulatory Flexibility Act
The Regulatory Flexibility Act is not applicable to this final rule
since the Farm Service Agency (FSA) is not required by 5 U.S.C. 553 or
any other provision of law to publish a notice of proposed rule making
with respect to the subject matter of this rule.
Federal Assistance Program
The title and number of the Federal Assistance Program, as found in
the Catalog of Federal Domestic Assistance, to which this rule applies
are: Commodity Loans and Purchases--10.051.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will have no significant impact on the quality of the human
environment. Therefore, neither an environmental assessment nor an
environmental impact statement is needed.
Executive Order 12372
This activity is not subject to the provisions of Executive Order
12372, which requires intergovernmental consultation with State and
local officials. See the notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Executive Order 12988
This final rule has been reviewed in accordance with Executive
Order 12988. The provisions of this final rule are not retroactive and
preempt State laws to the extent that such laws are inconsistent with
the provisions of this final rule. Before any legal action is brought
regarding determinations made under provisions of 7 CFR part 723, the
administrative appeal provisions set forth at 7 CFR parts 780 and 711,
as applicable, must be exhausted.
Paperwork Reduction Act
This final rule does not contain new or revised information
collection requirements that require approval by OMB under the
Paperwork Reduction Act (44 U.S.C. 3507 et seq). The information
collections required in 7 CFR part 723 are currently being administered
under OMB control number 0560-0058.
Effective Date of Rule
It has been determined for purposes of all limitations that might
apply, including any provisions of the Small Business Regulatory
Enforcement Fairness Act of 1996, that this rule should be effective
immediately. As the rule simply adopts an existing rule, provides
additional flexibility to producers, and should not have any material
adverse effect on anyone, it has been determined that it would be
contrary to the public interest to delay the implementation date of the
new regulations.
Background and Discussion
An interim rule published on May 14, 1998, (63 FR 26713), requested
comments from interested parties on changes to 7 CFR 723.209,
concerning tobacco farm combinations for administrative purposes. The
notice issued with the interim rule also corrected a reference
contained in a final rule, published on February 24, 1998, (63 FR 9126)
concerning the same issue.
As for the regulations, the interim rule adopted clarifying
language for Sec. 723.209 and further amended Sec. 723.209 to
explicitly allow special combinations irrespective of whether any of
the farms involved had a production flexibility contract under 7 CFR
part 1412, and to allow for the relaxation of certain signature
requirements. No comments were received in response to the interim rule
and for the reasons given in the interim rule notice, it has been
determined to adopt the interim rule as a final rule.
List of Subjects in 7 CFR Part 723
Acreage allotments, Auction warehouses, Dealers, Domestic
manufacturers, Marketing quotas, Penalties, Reconstitutions, Tobacco.
Final Rule
Accordingly, the interim rule amending 7 CFR part 723, published on
May 14, 1998 (63 FR 26713) is hereby adopted as a final rule as
published.
PART 723--[AMENDED]
Signed at Washington, DC, on October 26, 1998.
Keith Kelly,
Administrator, Farm Service Agency.
[FR Doc. 98-29345 Filed 11-2-98; 8:45 am]
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